Also known as:majestas · laesa maiestas · crimen maiestatis · lèse-majesté · lese-majesty · treason
Written by attorneys · grounded in primary & secondary sources — see below
An offense against the sovereign authority of the state consisting only of levying war against the United States or adhering to its enemies by giving them aid and comfort.
Sources & Authorities
How it applies
Common Examples
6
Interstate Extradition Demand
Michelle Murphy faces charges of treason in State A after organizing an armed uprising against federal authority. She flees to State B. State A's governor issues a formal demand for her return. State B must deliver Murphy to State A under the constitutional extradition clause because the charge involves a qualifying offense against the sovereign.
Impeachment for Sovereign Betrayal
President Matthew Martinez secretly diverts national defense resources to aid a foreign adversary in exchange for personal gain. Congress learns of the conduct and views it as treason. The House impeaches and the Senate convicts under the constitutional standard for removal of civil officers who commit offenses against the state.
Select any source to read its text and confirm it supports the definition.
Statutes
Common Law
Restatements
Dictionaries
Legislative Veto Challenge
Melissa Mills is convicted of treason for assisting an enemy power. A legislative veto later attempts to alter her deportation order. The court holds that the veto mechanism violates separation of powers because only the full legislative process can affect rights arising from a sovereign offense.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Ex Post Facto Application
Malcolm McKinley is charged with treason based on conduct that was not criminal when committed. The court refuses to apply a later statute expanding the definition of the offense. The prohibition on ex post facto laws prevents retroactive enlargement of sovereign crimes.
Calder v. Bull3 Dall. (3 U.S.) 386 (1798)
Sentencing Disparity Claim
Mason McCarthy receives a death sentence after conviction for treason while others charged with similar sovereign offenses receive life terms. He alleges racial bias in prosecutorial decisions. The court requires proof of purposeful discrimination rather than statistical disparity alone to overturn the sentence.
McCleskey v. Kemp481 U.S. 279 (1987)
Political Question Doctrine
Meredith Maxwell sues claiming that a legislative finding of treason against a foreign national violates due process. The court dismisses the suit as a nonjusticiable political question because the determination involves core sovereign and foreign affairs judgments committed to the political branches.
Baker v. Carr369 U.S. 186, 211
Common questions
Frequently Asked
3
What conduct constitutes treason under the Constitution?+
Treason consists of levying war against the United States or adhering to its enemies by giving them aid and comfort. Conviction requires testimony of two witnesses to the same overt act or a confession in open court. Congress holds power to set the punishment but may not impose corruption of blood or forfeiture beyond the life of the person convicted.
Does the Privileges and Immunities Clause affect extradition for treason?+
The clause guarantees citizens of each state the privileges and immunities of citizens in the several states. It operates alongside the extradition provision requiring delivery of a person charged with treason or other crime who flees to another state upon proper demand by the executive authority of the charging state.
Can treason serve as grounds for presidential impeachment?+
The Constitution authorizes removal of the President upon impeachment and conviction for treason, bribery, or other high crimes and misdemeanors. Conduct amounting to treason fits within the enumerated categories because it constitutes betrayal of sovereign authority.
541 U.S. 36 (2004)Evidence
…occurred in the great political trials of the 16th and 17th centuries. One such was the 1603 trial of Sir Walter Raleigh for treason. Lord Cobham, Raleigh's alleged accomplice, had implicated him in an examination before the Privy Council and in a letter. At Raleigh's trial, these were read to the jury. Raleigh argued…